Doping in Sport, the Rules on “Missed Tests”, “Non- Analytical Finding” Cases and the Legal Implications by Gregory Ioannidis*
Doping in Sport, the Rules on “Missed Tests”, “Non- Analytical Finding” Cases and the Legal Implications by Gregory Ioannidis* Much discussion has been generated with the introduction of a new of one or more anti-doping rule violations”. These anti-doping viola- rule to combat the use of performance enhancing substances and tions may incur in situations where the athlete did not use perform- methods in sport. This discussion has been initiated and subsequent- ance enhancing substances, but simply, where he “missed”, “failed” ly became an integral part of the sporting public opinion, as a result and/or “evaded” the test. For the purposes of analysing these rules, we of the application of this rule on high profile professional athletes, would call these specific cases “non-analytical finding” cases. such as the Greek sprinters Kenteris and Thanou. 1 The reason for the examination of the IAAF’s rule, concentrates on Before, however, an analysis of the application of this rule can be the fact that it is attracting intense criticism, in relation to its applica- produced, it is first of all necessary to explain and define the opera- tion on anti-doping violations. In addition, this regulation in ques- tion of the rule and perhaps attempt to discover the reasons for its cre- tion has been associated with high profile cases, and has also become ation. the source of a unique form of questioning. A series of questions arise The article would concentrate on the IAAF’s [International out of its construction, interpretation and application in practice. Association of Athletics Federations] rule on missed tests and critical- These questions cannot be answered without a further examination ly analyse its definition and application, particularly at the charging of the factual issues that surround the application of this regulation.
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